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2012 (6) TMI 50

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..... d to do so – Held that:- appellants are liable to pay liability of the appellant firm, therefore, took steps for filing the appeal which caused delay of 30 days in filing the appeal. delay are satisfactory, the application for condonation of delay in filing the is allowed Demand of service tax, penalty and interest - appellants are availing the GTA service and are not paying service tax thereon - .....

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..... DAL, J. ORDER 1. The appellants have filed appeal alongwith application for condonation of delay in filing the appeal before this Tribunal. 2. In the application for condonation of delay, the appellants have stated that the appellants have taken over the management on 21.06.2010. As per MOU, any liability is to be borne by outgoing management. Therefore, when the impugned order dated .....

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..... mand was confirmed alongwith interest and equivalent amount of penalty under section 76 of Finance Act, 1994 read with section 11AC of Central Excise Act, 1944. The adjudication order was confirmed by the first appellate authority. Aggrieved by the said order, the appellant is in appeal before this Tribunal. 4. Shri Mayank Garg, Advocate, learned Counsel appeared for the appellants and submitted .....

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..... is in a narrow compass, therefore, after waiving pre-deposit, I take up the appeal for final disposal. I have gone through the records also where the appellants have taken the plea before the adjudicating authority due to financial crisis, they could not deposit the service tax in time and before the Commissioner (Appeals), they have taken another defence plea that as the appellant was pre-occupi .....

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